By Judge Denies Injunction Request
A federal judge in Roanoke declined a request from seven Virginia hemp business owners on Friday. The plaintiffs sought to eliminate a new state regulation that took effect on August 15. This rule removes a previous exception to the state’s limit of two milligrams of tetrahydrocannabinol per product package.
The new standard stems from a state budget passed in late June and signed by Gov. Abigail Spanberger. The entrepreneurs asked the U.S. District Court for the Western District of Virginia for a temporary restraining order and preliminary injunction.
They argued that removing the 25-to-1 ratio would devastate their businesses. This ratio previously allowed hemp products to exceed the two-milligram limit if they contained 25 times as much cannabidiol. Judge Robert S.
Ballou found the plaintiffs did not prove the new standard would significantly harm their operations. He determined the rule was created in the public’s best interest.
Industry Leaders Express Disappointment
Hemp industry representatives reacted quickly to the judgment with expressions of disappointment. Barbara Biddle, president of the Cannabis Small Business Association, stated that the judge acknowledged the rushed nature of the legislation. “We are incredibly disappointed with today’s news.
The judge himself acknowledged that this was rushed legislation, leading to complications and unintended consequences,” Biddle said in a statement. She is the owner of District Hemp Botanicals and called on legislators to convene a special session. Biddle urged officials to address the gap in consumer access and protect businesses from bankruptcy.
She also asked the Virginia Cannabis Control Authority and local law enforcement to consider halting enforcement. Travis Lane, owner of Northern Virginia Hemp & Agriculture LLC, placed blame for the new standard on Spanberger and her administration. “If Virginia small businesses are pushed toward bankruptcy while a new state-regulated cannabis market is being built for 2027, voters deserve to remember who made that choice, and our elected leaders still have an opportunity to change it,” Lane said in a statement.
State Defends New Regulations
Gov. Abigail Spanberger has not commented on the ruling directly. However, her spokesperson previously stated that gaps between state marijuana and hemp laws created dangerous conditions.
The spokesperson noted that untested and highly-intoxicating products had flooded Virginia with little oversight. This situation left inadequate protections for kids and teenagers, according to the spokesperson. The adult-use cannabis market is slated to open in July 2027.
All hemp products sold in the state now must contain no more than 0.3 percent THC or two milligrams of THC. Chap Peterson, an attorney for the plaintiffs, noted that the judge recognized their testimony but could not stop the law. “I felt we put on a strong case.
The judge wrote an 18-page opinion which basically recognized our testimony but basically said he couldn’t do anything,” Peterson told WUSA9. The rules have survived legal challenges from Virginia hemp operators who claim the sudden change is detrimental.
